- 1 - HC-KAR NC: 2025:KHC:45564 WP No. 33177 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 33177 OF 2025 (GM-PDS) BETWEEN: 1. THE NARANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, (REGD. UNDER CO-OPERATIVE SOCIETIES ACT) NARANAHALLI, VILLAGE, C.S. PURA HOBLI, GUBBI TALUK, TUMKUR DISTRICT-572213, BY ITS SECRETARY SRI. DHANANJAYA G.D. …PETITIONER (BY SRI. G K SHIVA PRAKASH.,ADV.,) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, VIKAS SOUDH, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER AND APPELLATE AUTHORITY, TUMKUR DISTRICT-572 101 3. THE JOINT DIRECTOR OF FOOD AND CIVIL SUPPLIES, TUMKUR DISTRICT, TUMKUR - 572 101. 4. THE THASILDHAR GUBBI TALUK, GUBBI, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45564 WP No. 33177 of 2025 TUMKUR DISTRICT, TUMKUR-572 216. 5. THE PANCHAYATH DEVELOPMENT OFFICER, HIDAGOOR VILLAGE PANCHAYAT, HIDGOOR, GUBBI TALUK, TUMKUR DISTRICT-572-213. 6. CHEERANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LIMITED, CHEERANAHALLI, (REGD. UNDER CO-OPERATIVE SOCIETIES ACT) C.S. PURA, GUBBI TALUK, TUMKUR DISTRICT-572 213 REP. BY ITS SECRETARY …RESPONDENTS (BY SMT. K P YASHODHA, AGA FOR R1 TO R5 SRI. A NAGARAJAPPA, ADV., FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION IN NOT TO PROCEED WITH FILING OF REPORT BY THE 3RD RESPONDENT, 4TH RESPONDENT AND 5TH RESPONDENT SO AS TO ESTABLISH/RUN THE GOVERNMENT FAIR PRICE SHOP AS PER THE ORDER OF 3RD RESPONDENT HAVING NO. FSD/FPD/CR-13/2018-19 DATED- 24-03-2023 IS FURNISHED AS ANNEXURE-D AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos. 1 to 4. - 3 - HC-KAR NC: 2025:KHC:45564 WP No. 33177 of 2025 2. Sri. A Nagarajappa, learned counsel accepts notice for respondent No. 5. 3. Notice to respondent No. 6 is dispensed with in view of the proposed order to be passed. 4. Petitioner is before this court seeking for the following reliefs: "WHEREFORE, the Petitioner humbly pray that this Hon'ble court be pleased to issue an appropriate writ, order or direction in the following manner. a) A writ in the nature of certiorari or any other appropriate writ, order or direction in not to proceed with filing of report by the 3rd Respondent, 4th Respondent and 5th Respondent so as to establish/run the Government fair price shop as per the order of 3rd Respondent having No. FSD/FPD/CR-13/2018-19 dated: 24-03- 2023 furnished as annexure-D. b) A writ in the nature of certiorari or any appropriate order to Quash Annexure-A no. FSD/FPD/CR-13/2018-19 internal no. dated:21/2/2025 passed by the 2nd Respondent. c) Issue a writ in the nature of mandamus or any appropriate writ, order or direction to the 2ns Respondent to dispose of the case viz internal No..FSD/FPD/CR-12/2018-19 on its merits on time bound vide Annexure-A. - 4 - HC-KAR NC: 2025:KHC:45564 WP No. 33177 of 2025 d) Grant such other relief/s that this Hon'ble Court deems fit according to the facts and circumstances of the case with cost in the interest of justice and equity." 5. Though what is challenged is the order of the Deputy Commissioner essentially what the petitioner is challenging is an order passed by a Co-ordinate Bench of this Court dated 03.09.2025 in W.P.No. 18856/2025 on the ground that the petitioner was not a party to the said proceedings. 6. If at all the petitioner is aggrieved by the said order, it is for the petitioner to file appropriate proceedings and not to file a writ petition, by virtue of which a Co-ordinate Bench's order is sought to be challenged. 7. Reserving such liberty, petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE Bsv/List No.: 1 Sl No.: 33